Dick v. Corman
- Jacquelyn Corley
- 3:21-cv-07169
- U.S. District Court · Northern District of California
- 3
In Dick v. Corman, Judge Corley held email service valid and granted Dick’s motion, directing the Clerk to enter default against Corman.
Wesley Dick obtained entry of default against D. Scott Corman; the order concerned the validity of service and did not decide the underlying claims.
What happened
Wesley Dick sued D. Scott Corman. Corman did not answer or otherwise defend, and Dick asked the court to enter default after the Clerk previously rejected his request because service by email had not been authorized.
The court ruled that email service was reasonably calculated to give Corman notice and did give him actual notice. Corman acknowledged receiving the materials, agreed to accept service by email, and participated in an agreement extending his deadline to respond.
In Dick v. Corman, Judge Jacqueline Scott Corley granted Dick’s motion and ordered the Clerk to enter default against Corman. The order decided the request to enter default, not the underlying claims.
The detailed version
- Dick v. Corman · No. 3:21-cv-07169
- Jacquelyn Corley
- Apr. 25, 2022
Background
Wesley Dick filed this lawsuit on September 16, 2021. D. Scott Corman did not answer or otherwise defend himself. Dick moved for entry of default, but the Clerk of Court denied that request because service of the summons by email did not meet the usual requirements of California law and the court had not authorized alternative service. Dick then moved for an order directing the Clerk to enter default. Corman did not respond to that motion.
Dick’s counsel had emailed Corman the summons, complaint, and other case materials on November 8, 2021. Counsel asked Corman to confirm that he accepted electronic service. Corman responded that he was willing to accept the proposed payment-plan arrangement, and the parties later filed a stipulation extending Corman’s deadline to respond and changing other case-management deadlines.
Court’s Analysis
Federal Rule of Civil Procedure 4(e) permits service under the law of the state where the federal district court is located. The court explained that California allows service methods consistent with due process, meaning methods reasonably calculated to inform the person about the case and provide an opportunity to be heard.
The court held that service by email met that standard here. Dick knew Corman’s correct email address, Corman acknowledged receiving the case materials, Corman indicated that he was willing to accept service by email, and he participated in the stipulation concerning the case. The court also identified an independent basis for finding service sufficient: Corman’s participation in the stipulation was a general appearance. A general appearance is participation that recognizes the court’s authority to proceed and, under California law, is equivalent to personal service of the summons. The court concluded that this participation waived objections to defects in service, process, or personal jurisdiction.
Ruling
Judge Jacqueline Scott Corley granted Dick’s motion for entry of default and ordered the Clerk to enter default against Corman. The order disposed of Docket No. 21. It did not enter a judgment on the underlying claims.
Classification
This is a procedural order because it addressed service of process and entry of default rather than deciding the merits of Dick’s claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.